Federal Court of Australia
Federal Court of Australia
Neurim Pharmaceuticals (1991) Ltd v Generic Partners Pty Ltd (No 3) [2020] FCA 1552 File number: NSD 656 of 2017
Judgment of: NICHOLAS J
Date of judgment: 23 October 2020
Catchwords: PRACTICE AND PROCEDURE – proceeding for patent infringement – whether the applicant's entitlement (if any) to additional damages under s 122(1A) of the Patents Act 1990 (Cth) should be determined at the trial of liability issues or deferred for determination at any damages hearing – where applicant seeks to rely on other matters not pleaded in support of claim for additional damages
Legislation: Federal Court Rules 2011 (Cth) r 30.01(1) Patents Act 1990 (Cth) s 122(1A)
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 16
Date of hearing: 23 October 2020
Counsel for the Applicant/Cross-Respondent: Mr D Shavin QC with Ms L Thomas
Solicitor for the Applicant/Cross-Respondent: DLA Piper Australia
Counsel for the Respondents/Cross-Claimants: Mr N Murray SC with Mr B Mee
Solicitor for the Respondents/Cross-Claimants: Herbert Smith Freehills
ORDERS NSD 656 of 2017
BETWEEN: NEURIM PHARMACEUTICALS (1991) LTD Applicant
AND: GENERIC PARTNERS PTY LTD (ACN 132 833 777) First Respondent
APOTEX PTY LTD ACN (096 916 148) Second Respondent
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